This article is part of the Center for Media and Democracy's investigation of Pete Peterson's Campaign to "Fix the Debt." Please visit our main SourceWatch page on Fix the Debt.

About Fix the Debt

The Campaign to Fix the Debt is the latest incarnation of a decades-long effort by former Nixon man turned Wall Street billionaire Pete Peterson to slash earned benefit programs such as Social Security and Medicare under the guise of fixing the nation's "debt problem." Through a special report and new interactive wiki resource, the Center for Media and Democracy -- in partnership with the Nation magazine -- exposes the funding, the leaders, the partner groups, and the phony state "chapters" of this astroturf supergroup. Learn more at PetersonPyramid.org and in the Nation magazine.

ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC's operations. They pay for a seat on ALEC task forces where corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. Learn more at the Center for Media and Democracy's ALECexposed.org, and check out breaking news on our PRWatch.org site.

Negative tax rate

In December 2011, the organization Public Campaign published a report called "For Hire: Lobbyists or the 99%?" on corporations that have paid more on lobbying than on federal taxes. Duke ranked tenth (see chart), reporting nearly $5.5 billion in U.S. profits from 2008 to 2010, and collecting $216 million from the U.S Treasury (tax rate of -3.9%) while spending over $17 million on lobbying,[5] with its tax subsidies aided by the company's 27 overseas tax havens.[6]

Existing coal-fired power plants

Duke had 70 coal-fired generating stations in 2005, with 18,591 MW of capacity. Here is a list of Duke's coal power plants with capacity over 100 MW:[7][8]

Proposed coal unit closures

Edwardsport

Duke Energy closed the Edwardsport Generating Station (existing) in spring 2010, and will begin demolishing the structure by October 2011. Company spokesman Lew Middleton said Duke will turn the site of the old plant in a storage area for burned coal, or slag, produced by Duke's new coal-gasification plant - the Edwardsport Plant - planned for Fall 2012.[9]

Riverbend, Buck Steam, Lee Steam, Cliffside and Dan River

In September 2010, Duke Energy said it might close seven coal-fired units at its Carolinas power plants within five years as environmental regulations intensify. It may retire by 2015 all coal-fired units for which it's not economical to install sulfur dioxide controls called scrubbers. That would increase by 890 megawatts the coal plants Duke had planned to retire in 2009. The retired units would be at Duke's Riverbend Steam Station in Gaston County, Buck Steam Station in Rowan County, and Lee Steam Plant in Anderson County, S.C. Duke said it might convert Lee from coal to natural gas fuel.[10]

Duke has already agreed to retire 800 megawatts of older coal units as part of an N.C. permit to build a new 825-megawatt unit under construction at the Cliffside Plant in Rutherford County. That will shutter four old units at Cliffside, two at Buck, three at Dan River Steam Station, and two at Riverbend.[10]

Duke's projections show the amount of its electricity generated with coal falling from 42 percent in 2011 to 29 percent in 2030. The share from nuclear power, in contrast, stays steady at 51 percent. The utility continues to plan for a new nuclear plant, its first since the mid-1980s, to open in Gaffney, S.C., in about 2020. Duke is also building two gas-fired power plants, to open at Buck in late 2011 and at Dan River in late 2012.[10]

Gallagher station

Under a plan submitted to the Indiana Utility Regulatory Commission on May 24, 2011, Duke Energy said it plans to shut down two coal-burning units at its Gallagher Generating Station and purchase a share of the Cayuga Generating Station in Indiana to make up the difference. The plan is being considered as a potential settlement option in a more than a decade-old lawsuit the company has with the EPA. Duke had been exploring the idea of converting two of the Gallagher burners to natural gas via running a gas pipeline from Kentucky. But the gas pipeline would cost $71 million, while Duke would pay $68 million for its share of the Vermillion Plant, owned by both Duke Ohio — an unregulated subsidiary of Duke Energy — and Wabash Valley Power Association. Duke Energy would own 62.5 percent of that plant and Wabash would own the remainder.

The lawsuit that initiated the filing relates to air quality: the EPA alleges Cinergy — which merged with Duke Energy in 2006 — undertook six power-plant upgrades that added new coal burners in Indiana and Ohio without obtaining new permits as required by New Source Review provisions. Both the Indiana Utility Regulatory Commission and the Federal Energy Regulatory Commission will have to approve either option before Duke moves ahead.[11]

Beckjord Generating Station

On July 15, 2011, Duke said it expects to retire all six coal-fired generation units at its Beckjord Generating Station in Ohio by Jan. 1, 2015, due to the proposed Environmental Protection Agency (EPA)'s Utility Maximum Achievable Control Technology (MACT) rule, which will be finalised in November 2011, and will require coal-fired plants to reduce emissions of particular toxic air pollutants. The company said it plans to meet demand by buying electricity on the competitive wholesale market or by constructing or acquiring natural gas-fired combined-cycle generating assets.[12]

On May 29, 2009, U.S. District Judge Larry J. McKinney ordered Duke Energy to shut down three units of the Wabash River Generating Station for violations of the federal Clean Air Act. In 2008, a jury found that Duke-owned Cinergy had modified the facilities without installing best-available pollution control technology. The units, which supply 39 percent of the station's power, were slated to be taken off line in 2012.[13] An appeals court overturned that order in 2010, allowing Duke Energy to restart the units.[14]

In Sep. 2011, Duke Energy said it is considering shutting down several of the six units at Wabash River Station, in expectation of impending coal regulations.[14]

Coal Projects Sponsored by Duke Energy

Emissions

Violation Tracker

Discover Which Corporations are the Biggest Violators of Environmental, Health and Safety Laws in the United States
Violation Tracker is the first national search engine on corporate misconduct covering environmental, health, and safety cases initiated by 13 federal regulatory agencies. Violation Tracker is produced by the Corporate Research Project of Good Jobs First. Click here to access Violation Tracker.

Carbon dioxide

Duke Energy accounted for 3.4% of all US electricity sector carbon dioxide (CO2) emissions in 2011.[15]

Sulfur dioxide

Duke’s sulfur dioxide emissions, when considering plant fuel efficiency, were 30% above the national average in 2011.[16]

Death and disease attributable to fine particle pollution from Duke Energy coal plants

In 2010, Abt Associates issued a study commissioned by the Clean Air Task Force, a nonprofit research and advocacy organization, quantifying the deaths and other health effects attributable to fine particle pollution from coal-fired power plants.[17] Fine particle pollution consists of a complex mixture of soot, heavy metals, sulfur dioxide, and nitrogen oxides. Among these particles, the most dangerous are those less than 2.5 microns in diameter, which are so tiny that they can evade the lung's natural defenses, enter the bloodstream, and be transported to vital organs. Impacts are especially severe among the elderly, children, and those with respiratory disease. The study found that over 13,000 deaths and tens of thousands of cases of chronic bronchitis, acute bronchitis, asthma, congestive heart failure, acute myocardial infarction, dysrhythmia, ischemic heart disease, chronic lung disease, and pneumonia each year are attributable to fine particle pollution from U.S. coal plant emissions. These deaths and illnesses are major examples of coal's external costs, i.e. uncompensated harms inflicted upon the public at large. Low-income and minority populations are disproportionately impacted as well, due to the tendency of companies to avoid locating power plants upwind of affluent communities. To monetize the health impact of fine particle pollution from each coal plant, Abt assigned a value of $7,300,000 to each 2010 mortality, based on a range of government and private studies. Valuations of illnesses ranged from $52 for an asthma episode to $440,000 for a case of chronic bronchitis.[18]

Coal waste

EPA releases list of 44 "high hazard" coal ash dumps

In response to demands from environmentalists as well as Senator Barbara Boxer (D-California), chair of the Senate Committee on the Environment and Public Works, the EPA made public a list of 44 "high hazard potential" coal waste dumps. The rating applies to sites at which a dam failure would most likely cause loss of human life, but does not include an assessment of the likelihood of such an event. Duke owns 10 of the sites, all of which are located in North Carolina.[19]

The following table is derived from EPA's official list of Coal Combustion Residue (CCR) Surface Impoundments with High Hazard Potential Ratings. To see the full list of sites, see Coal waste.[20]

Dan River Spill

On Feb 3, 2014, Duke Energy said 50,000 to 82,000 tons of coal ash and up to 27 million gallons of water were released from a pond at its retired Dan River Steam Station into the Dan River, and were still flowing. A 48-inch stormwater pipe beneath Duke's unlined ash pond broke, and water and ash from the 27-acre pond drained into the pipe.[21]

According to EcoWatch, the coal ash spill appears to be the third-largest in U.S. history. It was discovered after a security guard noted the coal ash pond was running lower than usual, meaning much of it had already drained into the Dan River. Residents of Danville, VA withdraw drinking water just six miles downstream of the spill site.[22]

Study shows Duke's N.C. coal ash ponds are contaminating groundwater

In October 2009, Appalachian Voices released an analysis of monitoring data from coal waste ponds at 13 coal plants in North Carolina. The study revealed that all of them are contaminating ground water with toxic pollutants, in some cases with over 350 times the allowable levels according to state standards. The contaminants include the toxic metals arsenic, cadmium, chromium, and lead, which can cause cancer and neurological disorders. The study was based on data submitted by Duke and Progress Energy to state regulators. The North Carolina Department of Environment and Natural Resources is attempting to confirm the results before determining whether current state law can mandate corrective action.[23]

Coal Ash Waste and Water Contamination at Dan River

In August 2010 a study released by the Environmental Integrity Project, the Sierra Club and Earthjustice reported that North Carolina, along with 34 states, had significant groundwater contamination from coal ash that is not currently regulated by the Environmental Protection Agency (EPA). The report, in an attempt to pressure the EPA to regulate coal ash, noted that most states do not monitor drinking water contamination levels near waste disposal sites.[25] The report mentioned Duke's Dan River Steam Station as having groundwater contamination due to coal ash waste.[26]

Study finds dangerous level of hexavalent chromium at Dan River coal waste site

A report released by EarthJustice and the Sierra Club in early February 2011 stated that there are many health threats associated with a toxic cancer-causing chemical found in coal ash waste called hexavalent chromium. The report specifically cited 29 sites in 17 states where the contamination was found. The information was gathered from existing EPA data on coal ash and included locations in Alabama, Arkansas, Delaware, Florida, Illinois, Indiana, Minnesota, Massachusetts, North Carolina, North Dakota, Nevada, Ohio, Oklahoma, Pennsylvania, Tennessee, Virgina and Wisconsin. In North Carolina, the Dan River Steam Station in Eden, the Asheville Plant in Asheville and the Cape Fear Steam Plant in Montcure all were reported as having high levels of chromium seeping into groundwater.[27]

According to the report, hexavalent chromium (Cr(VI)) was reported at the Dan River unlined landfill and pond coal waste site above 61 ppb (parts per billion) - 3,050 times the proposed California drinking water goals and 22% above the North Carolina drinking water standard.[27]

As a press release about the report read:

Hexavalent chromium first made headlines after Erin Brockovich sued Pacific Gas & Electric because of poisoned drinking water from hexavalent chromium. Now new information indicates that the chemical has readily leaked from coal ash sites across the U.S. This is likely the tip of the iceberg because most coal ash dump sites are not adequately monitored.[28]

According to the report, the electric power industry is the leading source of chromium and chromium compounds released into the environment, representing 24 percent of releases by all industries in 2009.[27]

Groups report coal waste leaks at Allen and Riverbend

In November 2012 the Catawba Riverkeeper Foundation informed state and federal environmental regulators they discovered four seepage points from coal ash ponds, one from Duke's Allen Steam Station into Lake Wylie and three into Mountain Island Lake from Duke's Riverbend Steam Station. Lake Wylie provides drinking water for York County and Belmont, while Mountain Island Lake provides drinking water for Mecklenburg County.[29]

Duke's nuclear stations

Duke Energy operates seven nuclear power stations. Three of these are at the Oconee Nuclear Station in Oconee County, South Carolina and two each at Catawba Nuclear Station in York County, South Carolina and McGuire Nuclear Station in Mecklenburg County, North Carolina. [30]

The company is a member of the NuStart Consortium, which aims to obtain one of the new ‘streamlined’ combined Construction and Operating License (COL) for two selected reactor technologies.

MOX Enthusiasts

In March 1999, a consortium of companies led by Duke Engineering & Services (a former business unit of Duke Energy), COGEMA and Stone & Webster (DCS) entered into a contract with the U.S. Department of Energy (DOE) to fabricate mixed oxide (MOX) fuel using plutonium from surplus weapons and then to use that fuel in commercial nuclear power plants. The consortium will design, construct and operate a MOX fuel fabrication facility at the DOE Savannah River Site. Duke Energy will use the fuel at McGuire and Catawba nuclear stations beginning around 2011 or later. [31]

Duke Engineering & Services was sold to Framatome ANP, in January 2002. [32] However, Duke Energy continued with the plan to use MoX in its reactors. The Nuclear Regulatory Commission (NRC) granted permission for the use of MOX fuel at Catawba Nuclear Station, after a two-year review process, in March 2005. [33]

In September 2004, 140 kilograms of weapons-grade plutonium oxide (powder) were shipped via Charleston, South Carolina, to France for fabrication into MOX, where it was met by a storm of protest. The plutonium arrived back, as MOX, at Charleston on April 12, 2005, after an 4000 mile round trip. The French state company Areva fabricated the plutonium into MOX. Greenpeace said the shipment flies in the face of global efforts to curb the nuclear threat. The testing was a prelude to the start up of a large-scale plutonium fuel program in the United States.

New Reactors

Duke Power has selected a site in Cherokee County, (South Carolina) – jointly owned with the Southern Company - for a potential new nuclear power plant. The Company will develop an application to the U.S. Nuclear Regulatory Commission (NRC) for a combined construction and operating license (COL) for two Westinghouse AP1000 (advanced passive) reactors.[34] The COL application submittal to the NRC is anticipated in the late 2007 or early 2008 time frame. Submitting the COL application does not commit either company to build new nuclear units. The companies will decide whether to proceed with plant construction at a later date. The US Public Interest Group, Public Citizen, said “Duke is angling to receive billions of dollars in taxpayer subsidies to defray the costs of applying for a license as well as operating the plants; it should not be given a government handout for the application … Nor should the government issue a license. Not only does nuclear power pose a threat to public health and safety, but Duke Energy has a track record that indicates it has been dishonest with consumers”. [35]

In addition to selecting the Cherokee County location for a COL application, Duke Power is considering the preparation of early site permit (ESP) applications for locations in Oconee County, S.C., and Davie County, N.C. Early site permits enable companies to complete environmental and site suitability reviews, and obtain approval from the NRC for potential nuclear plant sites in advance of requesting a license to build and operate a plant. [36]

Duke Energy remains committed to nuclear power, despite the Fukushima nuclear disaster in Japan, CEO Jim Rogers told company shareholders [37] and University of Richmond students [38] in late April and early May, 2011.

Subsidiaries

Duke Energy International

Duke Energy International (DEI) is a subsidiary of Duke Energy and owns or has substantial interests in approximately 4,500 MW of electric generation in Argentina, Brazil, Belize, Ecuador, El Salvador, Guatemala, and Peru. About 70 percent of DEI's generating capacity is hydroelectric.[39][40]

In late June, 2011, DEI was reported to be in negotiations with GDF Suez, a French-Swiss utility company, with a possible sale or merger of Latin American assets valued at $18.8 billion.[41] Duke CEO Jim Rogers put rumors to rest in July, saying the sale of the company's Latin American assets did not make much sense. [42]

Duke Energy Hydrocarbons

Vulcan Capital Management originated, structured, and closed a transaction with Duke Energy Hydrocarbons, LLC in 2003 as a purchase of Duke Energy Inc.’s offshore businesses. Duke Energy Hydrocarbons is an offshore exploration and production company with operations located in the Gulf of Mexico.[43]

Duke Energy also spent $240,000 on Dutko Worldwide, LLC in 2008 and a further $50,000 to date in 2009.[46] The registered lobbyists for the first two quarters of 2008 were Tracy Hammond, Andrew Wright and Liz Burdock. The registered lobbyists for the latter half of 2008 and the first quarter of 2009 were Hammond and Wright.

Duke Energy is a member of the American Coal Ash Association (ACAA), an umbrella lobbying group for all coal ash interests that includes major coal burners Southern Company and American Electric Power as well as dozens of other companies. The group argues that the so-called "beneficial-use industry" would be eliminated if a "hazardous" designation was given for coal ash waste.[47]

ACAA set up a front group called Citizens for Recycling First, which argues that using toxic coal ash as fill in other products is safe, despite evidence to the contrary.[47]

Line of credit for 2012 Democratic convention

In March 2011 Politico reported reported that Duke Energy had agreed to provide a $10 million line of credit to the Democratic Party's 2012 convention in Charlotte. Duke Energy is headquartered in Charlotte. "Duke Energy was actively involved in recruiting the Democratic National Convention to Charlotte," company spokesman Tom Williams told POLITICO. "As a part of the application process, the DNC required there be a letter of credit, a line of credit, ultimately available if the host city was selected. … And our corporation stepped up."[48] The Center for Public Integrity reported that some environmentalists "see the move as an attempt by Duke to curry favor with the party controlling the White House. After all, there’s a long list of pending federal environmental rules that would have a direct impact on the utility industry — regulating against greenhouse gas emissions, for instance, and classifying coal ash as a hazardous waste."[49]

Reports

Renewables

According to the 2012 Greenpeace report, "Charting the Correction Course: A Clean Energy Pathway for Duke Energy," Duke Energy customers in the Carolinas could save $108 billion, or 57% of their total bills, over the next 20 years by choosing solar and wind energy. The savings are achieved by using energy efficiency to its fullest degree and sourcing 33% of Duke Energy’s power from renewable energy by 2020, while phasing out coal by 2020 and nuclear energy by 2026.[50]

Duke's nuclear plants not replacing coal

A 2011 report by NC Warn, "New Nuclear Power is Ruining Climate Protection Efforts and Harming Customers", argues that companies like Duke have promoted the utilities’ commitment to lead the way to a “low carbon” future by building more nuclear power plants, but instead of replacing their coal-burning plants with nuclear power, the companies "plan to keep operating most or all of their coal plants indefinitely, while adding more nuclear (and fossil fuel) plants so they can expand electricity sales both within and outside the region. This business model is based largely on the delusion that the U.S. economy will someday return to the unsustainable growth that created the combined economic-ecological predicament we now face."

The report states that "Duke Energy Carolinas plans to add 7,723 megawatts (MW) of generation capacity by 2030, a net addition of 36.5%, while continuing to use its large coal-fired units. Over 2,200 MW would come from two Westinghouse AP1000 nuclear units at Duke’s proposed Lee Nuclear Station. Because Duke’s sales have been relatively flat since long before the recession, CEO Jim Rogers continues to pursue an aggressive program to expand sales inside Duke’s service area" to "force current customers to subsidize new [nuclear plants]; Duke is appealing the N.C. Utilities Commission’s denial of that expansion plan."[51]